Perry v. Witty et al

Filing 5

OPINION MEMORANDUM re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Tremonti L. Perry. IT IS HEREBY ORDERED that Tremonti L. Perry's motion for leave to proceed in forma pauperis (Docket No. 2) is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $48.03 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court,&quo t; and to include upon it: (1) his name; (2) his prison registration number; (3) this case number; and (4) the statement that the remittance is for an original proceeding. (Initial Partial Filing Fee due by 11/22/2017.) Signed by District Judge Henry Edward Autrey on 10/23/17. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
TREMONTI L. PERRY,
Plaintiff,
v.
KAREY L. WITTY, et al.,
Defendants.

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No. 1:17CV115 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court upon pro se plaintiff Tremonti L. Perry’s motion for leave
to proceed in forma pauperis. (Docket No. 2). Having reviewed the financial information
plaintiff submitted in support, the Court determines that he is unable to pay the full amount of the
filing fee. The motion will therefore be granted.
Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil action in forma pauperis
is required to pay the full amount of the filing fee. If the prisoner has insufficient funds in his or
her prison account to pay the entire fee, the Court must assess and, when funds exist, collect an
initial partial filing fee of 20 percent of the greater of (1) the average monthly deposits in the
prisoner’s account, or (2) the average monthly balance in the prisoner’s account for the prior sixmonth period. After payment of the initial partial filing fee, the prisoner is required to make
monthly payments of 20 percent of the preceding month’s income credited to the prisoner’s
account. 28 U.S.C. § 1915(b)(2). The agency having custody of the prisoner will forward these
monthly payments to the Clerk of Court each time the amount in the prisoner’s account exceeds
$10.00, until the filing fee is fully paid. Id.

In support of the instant motion, plaintiff submitted an affidavit and a certified inmate
account statement showing an average monthly deposit of $240.14, and an average monthly
balance of $84.01. The Court will therefore assess an initial partial filing fee of $48.03, twenty
percent of plaintiff’s average monthly deposit.
Accordingly,
IT IS HEREBY ORDERED that Tremonti L. Perry’s motion for leave to proceed in
forma pauperis (Docket No. 2) is GRANTED.
IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $48.03
within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance
payable to “Clerk, United States District Court,” and to include upon it: (1) his name; (2) his
prison registration number; (3) this case number; and (4) the statement that the remittance is for
an original proceeding.
Dated this 23rd day of October, 2017

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE